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“Employment” disability: Who will pay for employment injury?


Educational HR defence organization “Office for the rights of persons with disabilities” sent a letter to the Council of Ministers of the Republic of Belarus with a request to amend the Resolution by the Council of Ministers of the Republic of Belarus from February 29, 2008 №308 “On some issues of obligatory state insurance of militia officers, prosecutors’ offices employees, employees of the Ministry of Extraordinary Situations and of the State Control Committee”. The letter was sent because the office got numerous appeals from citizens who became disabled as the result of employment injury and the proved fact of mutual fault by employer and employee.

According to the existing document today the cases when infliction of bodily harm to the health of the insured person happened as the result of his violation of safety regulations are not considered to be an insured event; in cases of mutual fault insurance benefit is not paid.

The good example of this problem is the case of Oleg Malevich, the head of guard fire department №6 of Baranovichi department of extraordinary situations. In 2009 while having been on duty he fell from heights and got injuries which led to disability. In the accident act and in the report of special investigation of the accident mutual fault of Malevich and the employer was found. It was stated in the documents, that Malevich was not provided by special means for safe work. So we can see that Malevich violated the job safety regulations because of the absence of special means the employer had to provide.

In this case the employer’s fault can be called the reason of the accident and the employee’s fault – the consequence. If the necessary safety means would have been provided the possibility of the accident would be minimal. But “Belgosstrakh” refused to pay the insurance benefit because didn’t consider the accident to be an insured event and referred to p.6 of the abovementioned Resolution.

In accordance with the other legislative act – the Resolution by the Ministry of labour and social protection of the Republic of Belarus from April 28, 2001 №52 “On adoption of the rules of labour at heights” the employer has to provide safety of employees and all the persons who is located near the working places or job sites.” Having taken it into account the lawyers of the “Office for the rights of persons with disabilities” consider, that such situation contradicts the principles of proportionality and social justice.

The Office asks the Council of Ministers to consider the possibility of amending the Resolution by the Council of Ministers of the Republic of Belarus from February 29, 2008 №308 on insurance benefits in cases of mutual fault.